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ACT

To
consolidate and amend the criminal law of Zimbabwe; to amend the Interpretation
Act [Chapter 1:01], the Burial and Cremation Act [Chapter 5:03], the Customary
Marriages Act [Chapter 5:07], the Marriage Act [Chapter 5:11], the Magistrates
Court Act [Chapter 7:10], and the Prisons Act [Chapter 7:11]; to repeal
the Aircraft (Offences) Act [Chapter 9:01] and the Concealment of Birth
Act [Chapter 9:04]; to amend the Criminal Procedure and Evidence Act [Chapter
9:07]; to repeal Infanticide Act [Chapter 9:12] and the Miscellaneous
Offences Act [Chapter 9:15]; to amend the Prevention of Corruption Act
[Chapter 9:16], and the Stock Theft Act [Chapter 9:18]; to repeal the
Witchcraft Suppression Act [Chapter 9:19] and the Sexual Offences Act
[Chapter 9:21]; to amend the Anti-Corruption Commission Act [Chapter 9:22],
the Public Order and Security Act [Chapter 11:17], the Police Act [Chapter
11:10], the Inland Waters Shipping Act [Chapter 13:06], the Tourism Act
[Chapter 14:20], the Dangerous Drugs Act [Chapter 15:02], to amend the
Medicines and Allied Substances Control Act [Chapter 15:03]; the Public
Health Act [Chapter 15:09], the Termination of Pregnancy Act [Chapter
15:10], the Housing and Building Act [Chapter 22:07] and the Mental Health
Act, 1996; and to provide for matters connected with or incidental to
the foregoing..

[Date
of commencement: To be fixed in terms of section 2(2) by statutory instrument.
Not yet in force as at 22nd June, 2005.]

ARRANGEMENT
OF SECTIONS

CHAPTER
I
PRELIMINARY

Section
1. Short title and date of commencement.
2. Interpretation.
3. Roman-Dutch criminal law no longer to apply.
4. Application of Code to other enactments.
5. Territoriality of crimes.

CHAPTER
II
ELEMENTS OF CRIMINAL LIABILITY

PART I
CRIMINAL CAPACITY6.
Children under seven years of age not criminally liable.
7. Criminal capacity of children between seven and fourteen years of age.
8. No presumption of criminal incapacity for persons over the age of fourteen
years.

PART III
STATES OF MIND
12. Meaning of subjective state of mind.
13. Intention.
14. Knowledge.
15. Realisation of real risk or possibility.
16. Negligence.
17. References or absence of references to states of mind in statutory
crimes.

PART IV
PROOF OF CRIMINAL LIABILITY
18. Degree and burden of proof in criminal cases.

35. Interpretation
in Chapter IV.
36. Public violence.
37. Participating in gathering with intent to promote public violence,
breaches of the peace or bigotry.
38. Obstructing or endangering free movement of persons or traffic.
39. Dealing in or possession of prohibited knives.
40. Possession of articles for criminal use.
41. Disorderly conduct in public place.
42. Causing offence to persons of a particular race, religion, etc.
43. Possession of offensive weapons at public gatherings.
44. Disrupting a public gathering.
45. Intimidation.
46. Criminal nuisance.

CHAPTER
V
CRIMES AGAINST THE PERSON

PART I
HOMICIDE47. Murder.
48. Infanticide.
49. Culpable homicide.
50. Inciting or assisting suicide.
51. Time of commencement of life and time of death.
52. Accelerating death equivalent to causing it.
53. Causing death: guidelines.
54. Mercy killing and removal of persons from life-support systems.
55. Killing while disposing of victim’s body.
56. Error as to identity.
57. Deflected blow in homicide cases.
58. Joining in after fatal injury inflicted.

PART II
UNLAWFUL TERMINATION OF PREGNANCY
59. Interpretation in Part II of Chapter V.
60. Unlawful termination of pregnancy.

Division
C: Indecent or sexual conduct harmful
to public morals or public health
77. Public indecency.
78. Deliberate infection of another with a sexually-transmitted disease.

Division
D: Transmitting HIV deliberately or in the course
of committing sexual crimes
79. Deliberate transmission of HIV.
80. Sentence for certain crimes where accused is infected with HIV.

Division
E: Crimes relating to prostitution or the facilitation of sexual crimes
81. Soliciting.
82. Living off or facilitating prostitution.
83. Procuring.
84. Coercing or inducing persons for purpose of engaging in sexual conduct.
85. Detaining persons for purpose of engaging in unlawful sexual conduct.
86. Permitting young person to resort to place for purpose of engaging
in unlawful sexual conduct.
87. Allowing child to become a prostitute.

PART VI
WITCHCRAFT, WITCH-FINDING AND CRIMES RELATED THERETO
97. Interpretation in Part VI of Chapter V.
98. Engaging in practices commonly associated with witchcraft.
99. Indicating witches and wizards.
100. Employing non-natural means to resolve crimes or delicts.
101. Belief in witchcraft to operate in mitigation and not as defence
to crimes.
102. Charges alternative to or concurrent with charges under Part VI of
Chapter V.

PART VII
BIGAMY
103. Interpretation in Part VII of Chapter V.
104. Bigamy.

PART VIII
CONCEALMENT OF BIRTHS AND EXPOSURE OF INFANTS
105. Interpretation in Part VIII of Chapter V.
106. Concealing birth of child.
107. Presumptions relating to concealment of birth.
108. Exposing an infant.

PART IX
CRIMES IN RELATION TO GRAVES AND CORPSES
109. Interpretation in Part IX of Chapter V.
110. Violating graves.
111. Violating corpses.

CHAPTER VI
PROPERTY CRIMES

PART I
THEFT AND RELATED CRIMES

Division
A: Preliminary
112. Interpretation in Part I of Chapter VI.

Division
B: Theft, stock theft, unauthorised borrowing or use of property and making
off without payment
113. Theft.
114. Stock theft.
115. When persons deemed to intend to deprive others permanently of property.
116. Unauthorised borrowing or use of property.
117. Making off without payment.
118. Mistake of fact in cases of theft, stock theft or unauthorised borrowing
or use of property.
119. Unavailable defences to charge of theft, stock theft or unauthorised
borrowing or use of property.
120. Joint ownership no defence.
121. Theft and stock theft continuing crimes.
122. Pledge-taking cases.
123. Recent possession of stolen property.

PART V
CAUSING DAMAGE TO OR DESTRUCTION OF PROPERTY
139. Interpretation in Part V of Chapter VI.
140. Malicious damage to property.
141. Negligently causing serious damage to property.
142. Damage by co-owners, spouses and partners.
143. Aggravating circumstances in relation to malicious damage to property
or negligently causing serious damage to property.
144. Mistake of fact in relation to malicious damage to property.

PART VI
Hijacking and Other Crimes Involving Aircraft
145. Interpretation in Part VI of Chapter VI.
146. Application of Part VI of Chapter VI.
147. Hijacking.
148. Damaging, destroying or prejudicing the safe operation of an aircraft.
149. Assaulting, intimidating or threatening a person on an aircraft.
150. Placing or carrying dangerous goods on an aircraft.
151. Threatening harm in relation to an aircraft.
152. Falsely threatening harm in relation to an aircraft.
153. Proof of lawful reason for conduct in relation to aircraft.
154. Charges alternative to or concurrent with charges under Part VI of
Chapter VI.

CHAPTER VII
CRIMES INVOLVING DANGEROUS DRUGS

155. Interpretation
in Chapter VII.
156. Unlawful dealing in dangerous drugs.
157. Unlawful possession or use of dangerous drugs.
158. Crimes under sections 156 and 157 committed outside Zimbabwe.
159. Permitting premises to be used for the unlawful dealing in or use
of dangerous drugs.
160. Concealing, disguising or enjoying the proceeds of the unlawful dealing
in dangerous drugs.
161. Persons who may lawfully possess, deal in or use dangerous drugs.

CHAPTER VIII
COMPUTER-RELATED CRIMES

162. Interpretation
in Chapter VIII.
163. Unauthorised access to or use of computer or computer network.
164. Deliberate introduction of computer virus into computer or computer
network.
165. Unauthorised manipulation of proposed computer programme.
166. Aggravating circumstances in relation to crimes under sections 163,
164 and 165.
167. Unauthorised use or possession of credit or debit cards.
168. Unauthorised use of password or pin-number.

CHAPTER IX
BRIBERY AND CORRUPTION

169. Interpretation
in Chapter IX.
170. Bribery.
171. Corruptly using a false document.
172. Corruptly concealing a transaction from a principal.
173. Corruptly concealing from a principal a personal interest in a transaction.
174. Criminal abuse of duty as public officer.

PART I
PARTICIPATION OR ASSISTANCE BEFORE OR DURING COMMISSION OF CRIMES:
CO-PERPETRATORS AND ACCOMPLICES
195. Interpretation in Part I of Chapter XIII.
196. Liability of co-perpetrators
197. Liability of accomplices.
198. Types of assistance to which accomplice liability applies.
199. Liability of accomplice for further crimes committed by actual perpetrator.
200. Withdrawal from crime by accomplice.
201. Accomplice liability for extra- territorial acts and crimes.
202. Punishment of accomplices.
203. Presumptions, jurisdiction, powers and defences applicable to actual
perpetrators applicable also to accomplices.
204. Where accomplice liability is concurrent or does not apply.

PART II
ASSISTANCE AFTER COMMISSION OF CRIMES
205. Interpretation in Part II of Chapter XIII.
206. Assistance after commission of crime.
207. Unavailable defences for accessories.
208. Types of assistance to which accessory liability applies.
209. Accessory liability for extra-territorial acts and crimes.
210. Punishment of accessories.
211. Presumptions, jurisdiction, powers and defences applicable to actual
perpetrators applicable also to accessories.
212. Where accessory liability is concurrent or does not apply.

CHAPTER
XIV
GENERAL DEFENCES AND MITIGATING FACTORS

PART I
PRELIMINARY
213. Interpretation in Chapter XIV.
214. Defences and mitigating factors not limited to those mentioned in
Chapter XIV.
215. Defence to one crime not necessarily defence to other crimes.

Division
A: Defence Relating to Voluntary Conduct

PART II
AUTOMATISM
216. Involuntary conduct.

Division
B: Defences and Mitigating Factors Relating to the Mental State

PART III
DIMINISHED RESPONSIBILITY
217. Interpretation in Part III of Chapter XIV.
218. Diminished responsibility to operate in mitigation not as defence

PART IV
INTOXICATION
219. Interpretation in Part IV of Chapter XIV.
220. When involuntary intoxication a complete defence to crimes.
221. Intoxication no defence to crimes committed with requisite state
of mind.
222. Voluntary intoxication leading to unlawful conduct.
223. Intoxication facilitating the commission of crime.
224. Voluntary intoxication leading to provocation.
225. Intoxication leading to mental disorder.

PART V
MENTAL DISORDER
226. Interpretation in Part V of Chapter XIV.
227. Mental disorder at time of commission of crime.
228. Mental disorder at time of trial.
229. Application of Cap. 15:12.

PART VI
MINORITY
230. When child between seven and fourteen years may be held criminally
liable.
231. Attorney-General to authorise prosecutions of children under fourteen
years.

PART VII
MISTAKE OR IGNORANCE OF FACT
232. Interpretation in Part VII of Chapter XIV.
233. When mistake or ignorance of fact a defence to subjective crimes.
234. When mistake or ignorance of fact a defence to objective crimes.

PART VIII
MISTAKE OR IGNORANCE OF LAW
235. Interpretation in Part VIII of Chapter XIV.
236. When mistake or ignorance of law a defence.
237. Claims of right and mistakes of mixed law and fact.

PART IX
PROVOCATION
238. Provocation in relation to crimes other than murder.
239. When provocation a partial defence to murder.

PART XI
COMPULSION
243. Requirements for compulsion to be complete defence.
244. Additional requirements for compulsion to be complete defence to
murder.

PART XII
CONSENT
245. Requirements for consent to be complete defence.
246. When consent no defence.
247. Consent to medical treatment for therapeutic purposes.
248. Consent to medical treatment for non-therapeutic purposes.
249. Consent to sporting injuries.
250. Consent to injuries from customary or religious practices.
251. Consent given on behalf of other persons.

PART XIII
DEFENCE OF PERSON
252. Interpretation in Part XIII of Chapter XIV.
253. Requirements for defence of person to be complete defence.
254. When defence of person partial defence to murder.
255. Mistaken belief in relation to defence of person.

PART XIV
DEFENCE OF PROPERTY
256. Interpretation in Part XIV of Chapter XIV.
257. Requirements for defence of property to be complete defence.
258. Killing in defence of property.
259. When defence of property partial defence to murder.

PART XV
ENTRAPMENT
260. Entrapment no defence to crimes.

PART XVI
IMPOSSIBILITY
261. Requirements for impossibility to be complete defence.

PART XVII
NECESSITY
262. Application Part XVII of Chapter XIV.
263. Requirements for necessity to be complete defence.
264. Additional requirements for necessity to be complete defence to murder.
265. When necessity partial defence to murder.
266. Necessity in relation to other crimes.

PART XVIII
OBEDIENCE TO ORDERS
267. Interpretation in Part XVIII of Chapter XIV.
268. Requirements for obedience to lawful orders to be complete defence.
269. When obedience to illegal orders affords complete defence.

PART XX
UNAVOIDABLE ACCIDENT
271. Interpretation in Part XX of Chapter XIV.
272. Requirements for unavoidable accident to be complete defence.

CHAPTER XV
PERMISSIBLE VERDICTS

273. Persons charged
with crime may be found guilty of unfinalised crime or assisting perpetrator
of crime.
274. Conviction for crime other than that charged.
275. Verdicts permissible on particular charges.
276. Sentence imposable where person found guilty on competent verdict.

CHAPTER XVI
GENERAL

277. Criminal liability
of corporations and associations and their members, employees and agents.
278. Relation of criminal to civil or disciplinary proceedings.
279. Concurrent and alternative charges.
280. Standard scale of fines and amendment thereof.
281. References in enactments to common law crimes.
282. Amendment of Acts.
283. Repeals.
284. Savings.

FIRST SCHEDULE: Standard
Scale of Fines.
SECOND SCHEDULE: Correspondence of References to Crimes in Code or other
Enactments to Provisions of Code Defining such Crimes
THIRD SCHEDULE: Acts Constituting Criminal Nuisance.
FOURTH SCHEDULE: Permissible Verdicts.
FIFTH SCHEDULE: Correspondence of Common Law Crimes with Codified Crimes.
SIXTH SCHEDULE: Amendment of Various Acts.
SEVENTH SCHEDULE: Repealed Acts.